DISCIPLINARY PROCEDURE
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Disciplinary procedure review
» Purpose
Obtaining the repeal or change of the decision taken in the disciplinary procedure, and the penalty enforced shall not be aggravated
» Precondition
Existence of circumstances or means of evidence able to demonstrate the inexistence of facts, provided that they could not be used by the public employee in the disciplinary procedure
» Commencement
Request of the public employee submitted to the entity that enforced the penalty
» Time limit of the request
The request shall be submitted at any time
» Content of the request
» Indication of circumstances or means of evidence not taken into consideration in the disciplinary procedure
» Joining of indispensable documents
» Decision
» Competence: entity that has enforced the disciplinary penalty
» Time limit: 30 days
» Reasoning of the decision
Granting or not the review
» Effects
The enforcement of the penalty shall not be suspended
» Procedural legal steps after granting the review
Appointment of a different examining officer
» Bringing charge
The same of the reviewed procedure
» Presentation of the defence
» Not lower than 10 nor higher than 20 days
» See Common Procedure
» Drawing up of the report
» See Common Procedure
» Decision
» See Common Procedure
» Notification of the decision
» See Common Procedure
» Effects of the review (repeal or change)
» Repeal or change of the decision of the reviewed procedure
» In the case of a compulsory early retirement or dismissal has been enforced, the public employee is entitled to re-establish the employment relationship
» Re-formation of the current hypothetical juridical-functional situation
» Indemnity for moral and property damages
» Effects of the repeal
» Termination of the penalty’s register
» Annulment of the effects of the penalty
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